ST. FRANCISVILLE - A judge today refused to remove Attorney General Charles Foti from prosecuting the owners of St. Rita's nursing home, while denying Foti's request that defense attorneys be ordered to apologize for calling his ethics into question.

During a hotly-contested, two-hour hearing this morning, Judge Jerome Winsberg rebuked both sides for using highly-charged language in a flurry of motions less than two weeks before the trial for Sal and Mabel Mangano, who are facing negligent homicide charges after 35 residents drowned in their St. Bernard Parish nursing home during Hurricane Katrina.

"As my momma used to say, 'Stop it!'" Winsberg said. "This is too close to the trial. If you have complaints, make them in the back room to me."

Attorneys for the Manganos had sought to have Foti removed as prosecutor, saying it is unethical for Foti to blame Katrina's death and destruction on the Army Corps of Engineers in a civil suit while trying to prevent the Manganos from using the same argument at their criminal trial.

Prosecutors, in turn, filed court documents accusing defense attorneys of "character assassination" and engaging in a "nefarious conspiracy of public relations activity" to sway public opinion against the Attorney General's Office.

Prosecutors asked Winsberg to order defense attorney to make a public apology.
Winsberg denied that request but ruled against the motion seeking to remove Foti from the case.

Winsberg also granted prosecutors' motion to prohibit the defense from calling Foti as a witness. But he refused to quash subpoenas defense attorneys issued to Gov. Blanco and three other statewide officials, including Johnny Bradberry, secretary of the Department of Transportation and Development.

Defense attorneys plan to call the officials as witnesses to bolster their defense that the government is responsible for the tragedy at St. Rita's because of levee failures and a bungled evacuation that left thousands of residents in harm's way.

Jury selection is scheduled to begin Aug. 13 in St. Francisville, where Winsberg moved the trial after granting a defense motion for a change of venue.